Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1887-02-08
FOURTH EDITION
BIG FRANKS CASE.

The Opinion OF the Court on the APP
pitcstfon For nis Release-It 10 Re-
fused, and He Must Serve HIS Term
The Court OF General Sessions resu med
proceedings Mt 10 o'clock this morning,
with I'll the judges present.. The names
of the grand Jurors were called and
they retired TO their room, after which
the names Of the q neral jurors wero
called.
The name Of John Hoffner and that OF
his security, JOSEPH Gssry, were called
three times, and IS neither answered
his bail was declared forfeited.
Deputy Attorney General Biggs
called the Attt uti0h Of the Court to
the case Of the boy John G. Conner, who
was Indicted on . charge OF burglary
and larceny. he said there WAS num-
Der OF extepuatipe circumstances 10
this case, and % Mr.. Harrington offered
to take charge Of the boy, and either
place him In . rsformatory or IN charge
OF his parents, he did It feel dispose d
TO prosecute the case
He would not AK for his discharge
as present, bu. that he be held until
some al, position could be made of him,
when he would enter nolle pros.
The Chief Justice said that under the
circumstances he thought this q very
wise course and one with which he was
satisfied
A bailiff was sent after A. B. Cooper,
E.q., and when hs came in court the
Chiei Justice informed him that he was
ready to deliver his opinion In the case
OF Frank Mccoy, alias Big Flank, from
New Castle jail, where no is now held
to serve out an unerpired sentence
The opinion was very lengthy and
cited number of authorities bearing
| on the question OF a prisoner escaping
from jail and Guiding arrest until after
the time fixed for the expb etion Ct his
sentence. He said in SONS States there
is statute which m axes breaking jail
an ofiense, for which the prisoner can
be brought In Court and sentenced for o
time equai To his orignal sentence, but
in this State there is no such statute
He referred to the statute which
obliges a Jadge IN passing SEN
tence 70 state the time when the I'M
prlsonm ent shall commence, and aleo
when it shall end, and locking at t, Q
matter in this lignt 1t would seem that
the D. ti;iouef was entitled to his dis
| charge 1t must not, however, be for
gotten that all the laws are founded on
maxims aud Common sense, and the
maxim thai "no man can avail himself
Of his own wrong" will certainly ap-
ply in this case. The breaking OF
jail 10 q wrongful act, ana one of which
the prisoner cannot avail! himself Of the
| advantages.
HIS therefore thpr9t. that the petition
should net be granted, and that the
| prieonar should be held IL jail until the
l "a IN Itaf
with.
| Judge Wcotten also read an opinion,
In which he reviewed. the entlre case
from the time Mccoy Eas arrested and
senten ced, his escape and recspture, his
escape again, with the fat hat he was
ut liberty over nine years before he
was rearres.ed, and the tsct that
| this very question was ably argued In
the courts OF New York, and o.osed by
ooinGidipg with the opinion Of the Chief
astice that the priEoner n ust remain
in jail until he had actually served u
term Of tan years, to hich he was seu-
tenct6.
These opirions we're coincided IN by
Judge Houston, who also rendered L
loog and very Interesting opinion.
Mr.. Cooper asked II tho Court In
tsnd ed 10 Issue an order remsrding tn,
prisorer to the custody of tue sheriff
| until he had served tie u1e xpired por'
ton OF the 10 years, when Judge Hcus
ton said that would be IN accessory, aa
lie Is Already in the custody Of the
Sheriff, and the records CT the Jail
wou d show how long he has TO serve
Judge Grub was on the bench while
the opinions were being delivered, and
listened to the readiog with the great.
est interest. The grand jury came 10
at II. 70 O'Clock ami alter making re-
turns on a number CT bills were dis
charged until 3 O'Clock this after Don.
Robert Sewsll, CO cred, IVES arraieu ed
aud Plead guilty to al indictment
charging him with the larceuy OF S
turkey, valued Of 81 from the Randolph
Peters Company, on November 2iJh
1885, and was sentenced to pay III,
costs OF prosecution, s. restitution
. money, be imprisoned three IL onths
and on Saturday be whlppad with tel
lashes
Job Walters, eolorsd, plsad guilty t.
an indictment charging him with til
larceny Of SIT 80 from Aiexant or W 81
ling on OF Cnrisrians Hundred, on III
14sh of January. The court tt tence'
him TO pay The coata, Sl7 so res.itutio
, money, TO be irnprisou ed three month
and 90 SATURDAY next be whipped Wit
AYE ashes
Th,re being no further business read
the court adjourned az IL AZ u'olock q
5 3 O'Clock this afternoon.
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